The short answer: YES. Foreigners exempt from work permits who hold a confirmation of non-eligibility for work permit issuance fully qualify for an LD1 temporary residence card. However, two exemption groups must be distinguished: those required to obtain the confirmation, and those only required to notify — the second group cannot obtain an LD1 card.
Why: LD1 was created for the exemption category
The legal logic is direct. Article 8, clause 16 of Consolidated Document 62/VBHN-VPQH defines the LD1 visa for foreigners working in Vietnam holding a confirmation of non-eligibility for work permit issuance. And Article 36, clause 1, point b provides that those eligible for temporary residence cards include persons eligible for LD1 visas — the law determines card eligibility by the visa code held.
The valid condition chain is:
- Fall under a work-permit exemption case per Article 7 of Decree 219/2025/ND-CP;
- Obtain a confirmation of non-eligibility for work permit issuance (procedures under Articles 8, 9 and 10 of Decree 219/2025; confirmation valid up to 02 years — Article 21);
- Be granted an LD1 visa;
- Qualify for an LD1 temporary residence card, valid up to 02 years (Article 38, clause 5), at least 30 days shorter than the passport (Article 38, clause 1).
LD1 residence card dossier — the confirmation is the core document
Under Article 37, clause 1 of Consolidated Document 62, a residence card application comprises: a request letter from the sponsoring agency or organisation; an application form with photo; the passport; and documents proving eligibility under Article 36 — in this case, the exemption confirmation plus proof of the labour relationship. Processing time: 05 working days (Article 37, clause 2, point c).
In other words, the exemption confirmation plays the same role as a work permit in the residence card file: it is the legal evidence that the worker is authorised to work in Vietnam, anchoring the entire LD1 visa → LD1 residence card chain.
The key exception: the notification-only group cannot obtain LD1
Not every exemption case goes through the confirmation. Some cases are exempt from work-permit issuance but only required to notify, without the confirmation procedure — typically managers, executives, experts and technical workers whose total working time is under 90 days in 01 year (Article 7, clause 13, point a + Article 9, clause 4 of Decree 219/2025).
Without a confirmation in hand, the notification-only group is ineligible for LD1 visas or LD1 residence cards in the strict sense of Article 8, clause 16 (which requires “a confirmation”). This group enters on a DN visa or e-visa while fulfilling the obligation to notify at least 03 working days in advance. This article follows the letter of the law: it does not promise that “notification substitutes for the confirmation to obtain LD1”.
Validity follows the confirmation
An LD1 residence card is valid for up to 02 years, but in practice follows the remaining validity of the exemption confirmation (which itself is capped at 02 years). Administrative practice in some localities may require the confirmation to have a minimum remaining validity before issuing the card — workers and employers should check the specific requirements where the file is submitted.
Accompanying family members
Spouses and children under 18 of LD1 visa holders are granted TT visas (Article 8, clause 18 of Consolidated Document 62), and may then obtain TT residence cards valid for up to 03 years (Article 38, clause 4).
The final principle to remember: work-permit exemption does not mean visa or residence-card exemption — workers must still complete all residence procedures as prescribed.
The information in this article is for reference only and does not constitute legal advice. It cites Consolidated Document 62/VBHN-VPQH and Decree 219/2025/ND-CP as in force at the time of writing (14 October 2026).
Contact FLAT Law Firm for advice on work-permit exemptions, LD1 visas and residence cards for foreigners.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
